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Student Code of Conduct

COVID-19 STUDENT HANDBOOK ADDENDUM

TEMPORARY ADDENDUM Social Gatherings

http://www.shepherd.edu/conduct

As a community of scholars, Shepherd University is dedicated to promoting learning and student success. In order to foster a conducive learning and living community, Shepherd University addresses violations of any of the following policies:

100. Violations of Law

Violation of federal, state, or local laws or ordinances.

200.  Violations of Other University Regulations and Policies

Violation of any other university rule, regulation, or policy.

300. Abuse

Verbal abuse, physical abuse, intimidation, the threat of these actions, or any other that endangers or threatens the well-being, safety, or educational opportunity of any person(s).

400. Accessory

Assisting or complicity to any violation of the Student Code of Conduct, the Student Handbook, or other published policies. Presence at or failure to leave immediately a situation where a violation is occurring.

500. Alcohol

NOTE: That signs or symptoms that might reasonably indicate use of or intoxication by alcohol, or the presence of alcohol beverage containers, may be construed as proximate indicators of alcohol possession or consumption.

600. Computer Misuse

700. Damage to Property

800. Discrimination

900. Disruptive Conduct

Actions which disrupt or interfere with the instructional program or threaten the orderliness, operation, or well-being of the campus, the surrounding community, or its members.

1000. Drugs

1100. Endangering Conduct

Any act that jeopardizes the health or safety of self or others.

1200. Entering/Exiting Building

1300. Failure to Comply

1400. Fire Emergency/Threat

1500. Fireworks and Explosives

Unauthorized use, possession, or storage of fireworks or explosives on university property. Unauthorized use, possession, or storage of hazardous chemicals that could pose a health or safety risk, either by themselves or in conjunction with other chemicals.

1600. Guest Responsibility

Being with a guest, both students and non-students who violate university policies. Shepherd University students are responsible for their guest’s actions while on campus and for informing guests of university policies.

1700. Harassment

1800. Hazing

Any action or situation, whether recklessly or intentionally, which has the effect of endangerment of personal safety, interference with academic work, violation of university policy, or production of psychological, mental, or physical discomfort, embarrassment, safety, harassment, or ridicule, regardless of the person’s consent.

1900. ID Card/Key Card/Keys

2000. Invasion of Privacy

Transmitting, recording, or photographing the image or voice of another person without his/her knowledge or consent while in an environment that is considered private or where there is an expectation of privacy, such as a residence or bathroom.

2100. Lewd or Indecent Behavior

Any conduct that is offensive to accepted standards of decency such as public nudity or public urination.

2200. Misrepresentation

2300. Relationship Violence

2400. Residency Requirement

Failure to live on campus for all single, full-time undergraduate students who are not com- muting from a parent’s or guardian’s home within a designated commuting area.

2500. Retaliation

Retaliatory action of any kind, including but not limited to intimidation, coercion, dis- crimination, or threats, against any individual as a result of a person’s attempt to seek redress or to participate in any part of an investigative process under applicable procedures dealing with sexual and/or other misconduct.

For more information on violations 2300 and 2600-2701, see http://www.shepherd.edu/title-ix/gender-based-discrimination-sexual-misconduct-and-interpersonal-violence-policy

2600. Sexual Misconduct

2800. Theft

Theft or attempted theft of university property or another person’s property including unauthorized use or possession of university property or another person’s property.

2900. Tobacco/Smoking

Smoking tobacco or other substance, including with electronic cigarettes, or using any other tobacco product within 25 feet of a building or   bleacher.

3000. Unauthorized Building/Facility Use

Unauthorized presence on, in, or use of university premises, facilities, or property.

3100. Weapons

3200. Orientation

Shepherd University students are required to attend Orientation Step 1: Advisement and Registration and Orientation Step 2: New Student Welcome unless given written permission by the Office of New Student Programs.

3300-4900 Reserved

5000. Active Sports

Participating in active sports in areas that are not designated for that purpose.

5100. Appliances

Plugging an appliance such as a microwave or refrigerator into anything other than the wall outlet.

5200. Bathroom Use

5300. Guest Escort

Having a guest unescorted by their host at any time. A guest is defined as a non-resident of the building. A host is defined as a resident of the hall who has a guest in the building.

5400. Guest Visitation

5500. Guest–Overnight

Hosting the same guest overnight more than three nights per week, defined as the time period Sunday night through Saturday night. An overnight guest is defined as a guest which stays in a student living space after the registration desk closes daily, as noted in Section 5300, until up to 8 a.m. that day.

5600. Laundry

Use of laundry facilities by anyone who is not a resident of the building.

5700. Personal Storage

Leaving or storing personal items in common areas or facilities areas within the residence halls without permission from Residence Life staff.

5800. Pets/Animals in Residence Halls

Reasonable indicators of or possession of an animal other than approved and properly attended service animals and emotional support animals for individuals with documented disabilities or non-dangerous fish that are in tanks no larger than 30 gallons within the residence halls

5900. Prohibited Items

Possession of any of the following items:

NOTE: hookahs and other smoking devices may be considered to be paraphernalia and proximate indicators of drug use.

6000. Quiet Hours

Having sound that can be heard more than two doors down the hallway or on another level of the building during the following designated times:

6100. Quiet Hours–Courtesy

Having sound which interferes with other students’ abilities to study undisturbed at any time.

6200. Quiet Hours–24 Hour

Having sound that can be heard more than two doors down the hallway or on another level of the building during designated 24-hour quiet hour times.

6300. Removal of University Property

Removing or relocating university property and furniture from its assigned location.

6400. Room Alteration

6500. Room Assignment

6600. Room Capacities

6700. Room Condition

6800. Room Responsibility

Behaviors which are in violation of the Student Code of Conduct that occur within a student’s living space or common area. Residents are responsible for all behaviors which occur in their assigned spaces.

6900. Solicitation

Solicitation or sales of any service, product, or promotion in the student residence areas of a building without prior permission from the director of Residence Life, or designee. Advertisements, sale, or solicitation of alcoholic beverages is not allowed in residence halls or student mailboxes.

7000. Trash

Placing personal trash items in a location other than the designated locations, such as dumpsters outside of the residence halls.

8000. Academic Dishonesty

Academic dishonesty includes, but is not limited to, cheating on examinations, falsifying records, submitting plagiarized work of any kind, or providing or receiving assistance in coursework in a manner not authorized by the instructor.

The Student Conduct System

The university student conduct procedures are separate from legal proceedings, and not all legal principles apply. All student conduct proceedings are private in accordance with pertinent federal legislation (including the Family Education Rights to Privacy Act (FERPA), Higher Education Opportunity Act of 2008, and state laws). To honor their due process rights, students can expect the following:

University Jurisdiction

Enrollment at Shepherd University is a voluntary decision, which includes a student’s acceptance of the responsibility to meet academic requirements and to behave consistently with the university’s policies, purposes and objectives at all times, on campus, off campus and in cyberspace. The university reserves the right to notify law enforcement to problems on or off campus. Shepherd University’s jurisdiction includes university-owned or operated property, as well as university-sponsored functions that occur on or off campus.

Students should demonstrate respect and concern for all members of both on-campus and off-campus communities and behave as responsible citizens. Students should understand that conduct investigation and charges will be initiated when the university’s interest, safety, and/or capacity to function as an academic community is involved. The university jurisdiction includes any misrepresentation or fraud related to a student’s application for admission or readmission. The student conduct process applies to any individual who is enrolled in or auditing courses at Shepherd University on a full-time or part-time basis, including between terms, during vacation periods, advisement and registration sessions, orientation, summer break, or a period of suspension or withdrawal. The student conduct process applies to individual students, student groups, student clubs, and student organizations recognized by or affiliated with Shepherd University. As such, sanctions may apply to individuals, groups and/or organizations.

 Inherent Authority

The university reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community.

Interim Administrative Action

Serving as the student conduct administrator, the Student Affairs Office designee, may defer procedural due process and enforce an interim action if necessary to maintain safety or order. If, in the judgment of the student conduct administrator or designee, there is probable cause to believe the continued presence of an accused student on campus might constitute an unreasonable risk to university students, faculty, staff, or property, the student conduct administrator, or designee, may take interim actions to protect the safety and well-being of the campus community. Within two business days, the student conduct administrator or designee will convene a committee consisting of three faculty or staff members to review information to determine whether a temporary suspension or restriction is warranted and should be continued. The student will have an opportunity to address the committee. The committee has the authority to restrict or suspend the student on an interim basis, pending the outcome of the student conduct process. The results of the committee meeting will be announced to the student and will not be considered to be a part of the student conduct process nor an indication of a student’s responsibility for an alleged policy violation.

Modifying the Student Code of Conduct

The university reserves the right to amend the Student Code of Conduct and student conduct process at any time. Communication of any changes will be made to the university community in a timely fashion.

Policy  Interpretation

The Student Affairs Office designee has the responsibility in defining and interpreting the Student Code of Conduct and conduct procedures.

Filing A Complaint

Any member of the university community may file (and is responsible for filing) a complaint against an individual who allegedly violates the rights of another person or a Shepherd University regulation or policy.

Shepherd University strongly supports the vigorous prosecution in the state courts of any person who commits a crime within the jurisdiction of the university. Students who experience crimes are strongly encouraged to file such complaints with the Shepherd University Police, or with the following: West Virginia State Police, Shepherdstown Police Department, or the Jefferson County Sheriff’s Department who all hold concurrent jurisdiction. Whenever a complaint is presented to a Shepherd University police officer or student affairs staff that occurred outside the jurisdiction of the university, the law enforcement agency with jurisdiction will be notified of any alleged crime, if they have not been previously notified. Notification will include the offense alleged and the name of the alleged perpetrator but disclosure of the respondent’s identity will be at the election of the student complainant, unless disclosure by a university official is legally compelled.

Student Conduct Processes

After a violation of a campus policy is alleged, a written incident report is submitted to Student Conduct. A student conduct officer reviews the report and takes one of the following actions:

Preliminary Student Conduct Hearing Process

  1. The student conduct officer may offer a respondent a preliminary hearing. During a preliminary hearing, the student conduct officer will meet with the respondent to review the charges and the options they have available to them to resolve their questions. The respondent has up to two business days from the time the preliminary hearing meeting concludes (or by 8 a.m. on the next university business day if the deadline occurs when the university is closed) to decide which option the respondent would like to utilize to resolve the charges. Possible ways a preliminary hearing can be resolved include:
    • The respondent accepts responsibility for the Student Code of Conduct violation charges and sanctions are determined.
    • The respondent does not accept responsibility for Student Code of Conduct violation charges and the violation process moves forward to an Administrative or Formal Student Conduct Hearing.
    • Student Code of Conduct violation charges are dropped based on information present.
  2. If a respondent does not accept responsibility or does not attend the preliminary hearing, sanctions will be convened at the discretion of the Student Affairs Office designee, Director of Residence Life, or other designee. Students are not required to participate in the student conduct process; however the student conduct process will continue based on the information that is presented and available at the time of the preliminary hearing.
  3. At the discretion of the university, the student conduct process may be carried out prior to, simultaneously with, or following legal proceedings.
  4. The university reserves the right to resolve the matter through a formal hearing should the student conduct officer deems it to be necessary based on the type and severity of the alleged violation. In this case, a respondent may not be offered a preliminary hearing option.

Formal Student Conduct Hearing Process

  1. A respondent will attend a pre-hearing conference prior to the formal conduct hearing. In this conference, the respondent will be able to view all documents which will be presented during the Formal Student Conduct Hearing and have an opportunity to submit additional documentation. A complainant will have this same opportunity.
  2. Formal hearings may be conducted by the Student Affairs designee who serves as a facilitator of the process.
    • A Student Conduct Board Hearing is comprised of three board members and a chair member who are faculty and staff at Shepherd University. These members will review documentation, ask clarifying questions of all parties in the hearing, and determine responsibility and sanctions for the violation.
    • An Administrative Hearing has one administrative hearing officer may be used for cases except those concerning sexual misconduct where physical contact has occurred. An administrative hearing may occur through the Student Affairs Office or the Residence Life Office. The Administrative Hearing officer will review documents, ask clarifying questions, and determine responsibility and sanctions for the violation.
  3. No recordings of the proceedings shall be made by any person other than the student conduct administrator or the administrative hearing officer. All formal hearing recordings will be maintained by the Student Affairs Office designee.
  4. The student conduct officer will notify the student at least five days in advance of the date, time, and place of the formal hearing in writing.
    • The student(s) reserve the right to not participate in the formal hearing process. However, the formal hearing will be held as scheduled and a decision will be based on the information available
  5. In hearings involving more than one respondent, the student conduct administrator or the administrative hearing officer, may use professional judgment to permit the hearings concerning each student to be conducted separately or jointly.
  6. The students have the right to have a friendly advisor present at formal hearings and pre-hearing conferences. A friendly advisor will be designated for all respondents.
    • An advisor may consult and advise the student but may not speak on the behalf of the student, ask questions of the participants, address the student conduct officer or Student Conduct Board members publicly during formal proceedings, serve as a witness, or otherwise participate directly in the proceedings
  7. If the respondent is found responsible, the student will be informed of sanctions via campus email within two business days and will has the right to appeal the decision.
  8. If the respondent is found not responsible, the respondent will be excused, all charges will be dropped.
  9. The respondent will be notified in writing of the findings of the formal hearing and sanctions, if appropriate. The complainant will be notified simultaneously in writing of the findings of the formal hearing and sanctions in cases related to interpersonal violence as allowed by federal law.
  10. The respondent will have an opportunity to file an appeal to the Student Affairs designee within 72 hours in writing with any new information or indication of bias. If an appeal is granted, an appeal board will review all information and make a final decision.
  11. The complainant will also have the opportunity to file an appeal in cases related to interpersonal violence, and as allowed by federal guidelines.
  12. Please refer to the Title IX web site for detailed information about interpersonal violence and incidents related to alleged policy violations related to sexual assault, sexual harassment, sexual exploitation, dating violence, domestic violence, and stalking.

Appeal Process for Residence Life Office Administrative Hearings

University Appeals for Student Conduct Hearings

  1. An appeal may be made on the following grounds:
    • The student conduct process was not conducted in a fair or impartial manner
    • New, relevant information became available after the hearing was completed
    • The hearing was not conducted according to established procedures.
  2. A respondent has up to two business days (or by 8 a.m. on the next university business day if the deadline occurs when university offices are closed) from the date of the decision notification to submit an appeal in writing to the Student Affairs designee. This notification must clearly identify which of the reason(s) for the appeal and give clear support for this reason.
  3. Appeals based on the outcomes of student conduct hearings, and for cases where the formal hearing occurred as an administrative hearing through the Student Affairs Office, will be heard through the Shepherd University Appeal Board.
  4. Appeals for Preliminary Student Conduct Hearings with the Coordinator for Student Conduct will be made to the Vice President for Student Affairs or designee.
  5. The Shepherd University Appeal Board will consist of three faculty or staff members and one chairperson.
  6. The appeals process will be limited to the content of the appeal request, a review of hearing recordings (if any), supporting documents, and related information. The university representative, the respondent, and the complainant may not be required to attend the Appeals Hearing Board unless needed to explain the basis of new information.
  7. The decision of the Shepherd University Appeal Board will be considered to be final in all cases and cannot be appealed. Decisions of the Shepherd University Appeal Board may take one of the following three forms:
    1. Affirm the original decision and sanctions
    2. Change the original decision and/or sanctions
    3. Void the original decision and order a new formal hearing.
  8. The Shepherd University Appeal Board will make their decision promptly and communicate the findings to the respondent in in cases of interpersonal violence, other violence, and as allowed by law, the findings will also be communicated to the complainant in writing in a timely manner.

Sanctions imposed during the student conduct process may be suspended during the time in which an appeal is reviewed. If a respondent is suspended or expelled from the institution after the conclusion of the appeals process, all academic work completed during the time of the appeal is forfeited and the sanction will be placed into effect immediately. Depending on the timing of the final decision, the sanction may be extended to the next regular semester. A student may not graduate during the appeal  process.

Sanctions:

The sanctions listed below shall be imposed upon students when the circumstances clearly indicate that a campus regulation has been violated. The sanction for a violation may be one or a combination of those set forth below:

During a period of expulsion, no credits earned at another institution will be accepted at Shepherd University.

Medical Amnesty–Special Note About   Enforcement

Student health and safety are of primary concern at Shepherd University. As such, in cases of intoxication and /or alcohol poisoning, the university encourages individuals to seek medical assistance for themselves or others. Those students who seek medical attention for themselves or other individuals who are intoxicated will not receive conduct sanctions for violations of the Student Code of Conduct. Medical amnesty does not preclude student conduct sanctions due to any other violations of the code of conduct (not related to the alcohol policy). Likewise, Medical amnesty does not prevent action by law enforcement personnel.

Definitions